I live in Brooklyn & have a roommate of nearly 2 months (Im…

Customer Question

I live in Brooklyn...

I live in Brooklyn & have a roommate of nearly 2 months (Im primary tenant) who was meant to vacate at the end of Dec (no lease). She has been escalating in harassment & yesterday I had to also file an assault report, but the police told me an order of protection would not have her removed from the apartment. Is this correct?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Brooklyn, NY

Lawyer's Assistant: What steps have you taken so far?

I have filed a harassment complaint, I was at the hospital yesterday & filed a report w the police for assault, i have video of her entering my bedroom & taking pics of me in my bedroom, I’ve served her notice of termination...

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I forgot to say, she has twice now asked tobe paid both the 2 months rent & an additional $900 if she leaves “asap”. The police when I tried calling 911 ordered her to no longer text me. I have a recording of a conversation proving text allegations she made of me verbally stating i have entered her room without permission & broke her laptop (stepped on it in her room) are false. We no longer speak (she makes harassing comments still if thinking Im not recording or we’re not being filmed by my bedroom camera), but now she also takes video & pics of the apt (caught by my bedroom camera).

That's not exactly correct. An order of protection would keep her from having contact with you and keep her away from your residence, but only while the order of protection was pending. When the order expires, she can come back, unless you can convince your landlord to evict her.

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Customer reply replied 1 month ago

It’s my responsibility to evict her & she has been served a notice of termination. So to clarify, she could be ordered to stay away from the apt, but would not have to remove her possessions or return keys?

If she is on the lease, your landlord would have to evict her. If she is not, that is another story.

A protective order would require that she keeps away from you. In my experience, that would mean she would have to stay elsewhere while the order is in effect. I have known of instances where the defendant was allowed to remain on the premises but they are atypical. She would be given an opportunity to return with the police to get her things. Until she is evicted, she still resides there on paper. She would not be required to return her keys solely as a result of a criminal protective order.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).